Written evidence on Stage One of the Bankruptcy and Diligence Bill
By: Shelter Scotland Published: March 2006
Our evidence centres on the potential for increased homelessness as a result of specific provisions contained in the Bill. This is at a time when Scotland's efforts to tackle homelessness have gained international plaudits.
The key ammendments to the Bill recommended regarding Land Attachment Dilligence are:
- exclude the debtor's main dwelling from the scope of the proposals on land attachment.
- increase to £10,000 the prescribed level at which a warrant for sale may be applied.
- include a provision to the effect that a warrant for sale may only be granted where the court considers it to be reasonable in all the circumstances of the case to do so.
- include a procedure, analogous to reponing in ordinary cause actions, in terms of which a defender who has not entered appearance in the warrant for sale proceedings may apply, up to the date of eviction, to have the warrant for sale recalled, in order that the court may consider his argument against such a warrant being granted.
The briefing also deals with bank arrestments and local housing allowance.